Why Is Indian Actor Anil Kapoor In The Time’s List of 100 Most Influential People In AI?

Verma ran an orphanage during the day and turned a vigilante by night, bringing justice to the victims of local goons.

Fast forward 37 years, Kapoor has found himself associated with yet another world-changing technology. He has been pitchforked into this year’s Time magazine’s 100 Most Influential People in AI (artificial intelligence). There are other Indians - such as Sundar Pichai (CEO, Google), Satya Nadella (CEO, Microsoft), Rohit Prasad (Amazon's head of AI) and Aravind Srinivas (CEO, Perplexity) - the usual suspects on such a list. Kapoor, is perhaps the odd one out or is he? 

The question that begs an answer is why should a Bollywood star be named as part of the coveted list. One may jest that it’s because the 67-year-old, over the course of his successful career, has defied the passage of time and looks just as young as he did when he was in his 40s. But no, that’s not the case.

The 'Jhakaas' Fight Over AI Misuse

As it turns out, Time magazine has recognised the Slumdog Millionaire actor’s win in a legal fight against the use of his likeness—facial features, voice, mannerisms, branding, catchphrase, and personality—through fast-developing AI tools.

He took legal action in 2023 after seeing numerous distorted videos, GIFs, and emojis featuring his likeness. A New Delhi court banned 16 defendants from using Kapoor's likeness for any kind of profit—whether in merchandise, ringtones, or other digital content.

One of his famous catchphrases "jhakaas" which he first used in the 1985 film Yudh, is also protected under the court’s no-use order.

Incidentally, Kapoor’s case came just as actors, artists, and writers in the United States were embroiled in a similar fight, demanding rights against studios using AI to exploit their images and other work without compensation. Kapoor extended his support to the SAG-AFTRA protests as well.

So to speak, Kapoor is kind of like India’s Scarlett Johansson, who has also fared in the Time’s list. Johansson called out OpenAI earlier this year after the company's new voice assistant, used in ChatGPT, sounded too much like her. 

Johansson, known for her voice role in the movie Her, said she had declined OpenAI's offer to use her voice but was shocked to hear a very similar one in their demo. OpenAI later clarified that the voice, named "Sky," belonged to a different actress and was not meant to imitate Johansson.

The inclusion of Johansson and Kapoor in the Time magazine list is a testament to the changing times we live in. In fact, the 2024 list has 91 names which weren’t there on last year’s list. Even the likes of Elon Musk (who has an AI company and was the co-founder of OpenAI) has been snubbed by the Time.

It’s an indication of just how quickly things are changing in this field. However, the issues with Kapoor and Johansson echo a larger ethical debate and underscores the growing importance of protecting one's image in the AI age.

Such as the use of AI to bring back Peter Cushing (who died in 1994) in Rogue One: A Star Wars Story. And like Harrison Ford, who allowed his likeness to be de-aged for the film, Indiana Jones and the Dial of Destiny.

Are Indian Laws Equipped To Deal With AI Challenges?

Currently, some laws and regulations do provide a foundation for protecting individuals' identities from AI-driven abuses, but there is a critical need to evolve these laws to address emerging challenges effectively.

These protections for Indians are primarily derived from the Right to Privacy under the Indian Constitution, the Information Technology Act, 2000, intellectual property laws (like the Copyright Act, 1957 and Trademark Act, 1999), and judicial interpretations regarding personality rights. 

Courts in India, especially the Delhi High Court, also in Anil Kapoor’s case, have recognised personality rights or right to publicity as a way to protect individuals from unauthorized use of their name, image, voice, or other personal attributes for commercial purposes. 

This legal approach has been particularly useful for celebrities, providing remedies like taking down infringing content, issuing advisories to intermediaries, and compensatory damages.

Jackie Shroff too won a court battle in May 2024 around prohibiting the usage of his AI likeness by relying on the current laws and the current legal approach.

The Way Forward With AI Laws

However, there are limitations and gaps in effectively addressing AI-related infringements, suggesting the need for updated or new regulations.

Some can say that existing laws are not fully equipped to handle the complexities introduced by AI in media and content creation. While there are provisions for copyright and trademark infringements, they provide limited recourse in scenarios involving non-commercial, yet damaging, uses of a person's identity.

Even when courts grant remedies like injunctions or content takedowns, the viral nature of digital content makes it nearly impossible to completely remove infringing materials from the internet. This leads to ongoing harm to the affected person's reputation and public image.

There is a growing call for stricter regulations specific to AI-generated content. This would involve new provisions or amendments to existing laws related to intellectual property, technology, media, and telecommunications to protect victims more comprehensively.

However, to do so, better understanding of the evolving technology is needed both among the common lay person as well as lawmakers and legal professionals.